Suing garda commissioner

BrianBoru00

Martin Callinan is being sued and the state is paying for his defence.

I can understand and accept that if he is being sued as the Garda Commissioner.
Is it possible to sue both. I.e. the Garda Commissioner as a position which he held. . And also Martin Callinan as a private individual ?

Peregrinus

(A) Why would you want to do that? Martin Callinan, Garda Commissioner, with the backing of the state is much more worth suing than Martin Callinan, garda pensioner.

(B) What's your cause of action? Are you suing him for something done in the discharge of his public office, or for something which is entirely unrelated to the fact that he was once the Garda Commissioner?

(C) No, you can't sue twice on the same cause of action. If Martin Callinan did something to you which you think is actionable, you can sue him. If he thinks the state should back him on this he can approach the state and look for their backing. The state backs him, or it doesn't back him, but you have no input into that decision and, if you don't like it, you don't get to issue a second set of proceedings making the same claim on the same facts. (And, even if you could do that, if the state backs him on the first set of proceedings it would presumably back him on the second.)

drunkmonkey

They should start at the start, have the Garda and the Daughter with the false allegations for perjury.

gizmo555

BrianBoru00 wrote: »

Martin Callinan is being sued and the state is paying for his defence.

The new Garda Comissioner, Drew Harris, is seeking to have the decision for the state to pay for Callinan's defence reversed, in light of the findings made against Callinan by the Disclosures Tribunal:

https://www.thejournal.ie/martin-callinan-legal-costs-4334822-Nov2018/

sexmag

gizmo555 wrote: »

The new Garda Comissioner, Drew Harris, is seeking to have the decision for the state to pay for Callinan's defence reversed, in light of the findings made against Callinan by the Disclosures Tribunal:

https://www.thejournal.ie/martin-callinan-legal-costs-4334822-Nov2018/

https://m.independent.ie/irish-news/state-may-sue-to-recover-legal-costs-from-former-garda-commissioner-and-garda-press-officer-37525590.html

They are now looking to sue him

GM228

Meanwhile poor Noirin can't get any taste for a lawsuit.

https://independent.ie/irish-news/courts/former-garda-commissioner-osullivans-application-to-sue-newspaper-dismissed-by-high-court-37502635.html